Cadence (90) Investments Pty Ltd v Aspire Constructions Pty Ltd; Aspire Constructions Pty Ltd v Cadence (90) Investments Pty Ltd

[2026] NSWSC 136

Supreme Court of NSW

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Catchwords

1. BUILDING AND CONSTRUCTION — contract — damages — defects — whether geothermal heating and cooling systems, design and construction of internal access roads and general building works defective — whether breach of statutory warranties under s 18B of Home Building Act 1989 (NSW) — whether breach of statutory duty of care under s 37 of Design and Building Practitioners Act 2020 (NSW) established — whether plaintiff entitled to damages for rectification costs and/or loss of opportunity

Quick Take

The Court held that the Court's rejection of the argument that a builder's reimbursement entitlement under a cost-plus contract is limited to amounts the builder was 'legally liable' to pay sub-contractors, holding that sub-contractor invoices conclusively evidence reimbursable costs regardless of HB Act enforceability issues between builder and sub-contractor. The case also demonstrates the forensic risks of abandoning and then seeking to resurrect defect claims after the close of evidence and opposing closing submissions.